Although witnesses are only watching from the sidelines, they actually have to bear corresponding responsibilities.
The legal responsibilities of witnesses are as follows:
1. Judicial organs may invite observers to supervise the implementation of a certain litigation act as necessary, and may testify to persons who have no interest in the case when necessary. Also called a present witness.
In criminal proceedings, investigators inspect and examine crime-related places, items, people, and corpses, or search the defendant's person, items, and residence, or seize the defendant's personal belongings related to the case. When items, documents, or the property of the defendant is sealed or detained, people who have no interest in the case must be invited to the scene to serve as witnesses to observe and supervise the implementation of the relevant actions of the investigators. The witnesses must make transcripts on the spot and testify in court. And sign or seal the transcript produced on the spot.
2. In civil execution, witnesses must also be invited to the scene when the debtor’s property is seized, detained, or withdrawn. When the people's court serves litigation documents such as summonses and notices, if the addressee or recipient refuses to accept them, the person who delivers them may invite witnesses to be present and prove the reasons for the refusal on the service receipt. The document shall be deemed delivered if the witness signs and retains it.
3. In criminal proceedings, investigators inspect and inspect crime-related places, objects, persons, and corpses, or search the defendant’s person, objects, and residence, or detain the defendant and the case. When purchasing relevant items and documents, or sealing or detaining the defendant's property, it is necessary to invite people who have no interest in the case to be present as witnesses, observe and supervise the implementation of the relevant actions, and have them sign or stamp the transcripts produced on the spot. chapter.
Extended information:
Witnesses can only prove that there is a contract, but they cannot bear responsibility. The guarantor can only bear the responsibility. According to Article 22 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Guarantee Law of the People's Republic of China and the People's Republic of China: If a third party unilaterally provides a guarantee to the creditor in writing and the creditor accepts it without raising any objection, The guarantee contract is established.
There is no guarantee clause in the main contract, but if the guarantor signs or seals the main contract as the guarantor, the contract is guaranteed to be established. A lawyer's testimony has a certain legal effect, but this legal effect is not a notarization effect. Instead, the lawyer, as a witness, can fairly and objectively prove the authenticity and legality of a certain legal act of the party from the perspective of a third party. It usually has the evidential effect of establishing facts, determining responsibilities, rights and obligations.
Contract notarization is a non-litigation activity for the national notary agency to prove the authenticity and legality of the contract signed between the parties in accordance with the law. Contract notarization is a legal system for the state to supervise the signing and performance of contracts. Notaries guide the parties to the contract to sign the contract in accordance with the law to make the contract authentic, legal and complete, encourage the contract parties to consciously perform the contract, prevent disputes, and safeguard national interests and the legitimate rights and interests of the contract parties.
The scope of use of contracts is quite wide, the content is very complex, and it is highly professional. In order to ensure that both parties to the contract fulfill the terms of the contract and avoid disputes and litigation, it is very necessary to notarize whether the content of the contract complies with the provisions of relevant laws and regulations and the legal qualifications of the representatives of both parties signing the contract. For example, the export of labor services in my country generally requires strict agreements. contract terms. Notaries must carefully examine whether the contract terms violate our country's laws. Therefore, contract notarization is also an indispensable and necessary link in my country's foreign cooperation.
Baidu Encyclopedia - Witness